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Allahabad High Court

TEJ NARAYAN SINGH AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The application under Section 528 of the BNSS was dismissed as not pressed.

Summary

The applicants filed an application under Section 528 of the BNSS (2023) seeking to quash a seizure and forfeiture order dated 16 March 2026, which had been issued by the Chief Judicial Magistrate under Section 107(4) of the B.N.S. in a cyber‑crime case. After hearing, the applicants indicated that they no longer wished to pursue the application. The court therefore dismissed the application on the ground that it was not pressed, while allowing the applicants to file a fresh application before a competent court if desired. The court ordered the return of certified copies of the documents to the applicants’ counsel after retaining a photocopy. No substantive merits of the seizure order were examined.

Issues considered

  • Can an application under Section 528 of the BNSS be dismissed when the applicant withdraws it?

Legislation cited

Subjects

  • seizure
  • forfeiture
  • application under Section 528
  • withdrawal
  • procedural dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 12598 of 2026

                                    Tej Narayan Singh And 2 Others
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 2 Others
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Kedar Nath Mishra, Rohit Kumar
                                                                    Mishra
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 76
                                                     HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Kedar Nath Mishra, learned counsel for the applicants and Sri B.N.
                                    Upadhyay, learned brief holder for the State are present.

                                    The present application u/s 528 of BNSS of 2023 has been filed with
                                    prayer to quash the order dated 16.03.2026, whereby seizure/forfeiture
                                    order has been passed by the Chief Judicial Magistrate under Section
                                    107(4) of B.N.S. in Misc. Case No. 309 of 2026, arising out of Case
                                    Crime No. 18 of 2025, P. S. Cyber Crime, District Deoria.

                                    After some arguments, learned counsel for the applicants does not want to
                                    press the present application.

                                    In view of above, the present application u/s 528 of BNSS of 2023 is
                                    dismissed as not pressed with liberty to file appropriate
                                    application/proceedings before the court of competent jurisdiction.

                                    Certified copies of the relevant documents be returned to learned counsel
                                    for the applicants after retaining a photocopy of the same.

                                    April 20, 2026
                                    MAA/-

                                                                                   (Sanjay Kumar Pachori,J.)




Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad


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